Jun 20, 2018

CCI Dismisses Allegation of Collusive Refusal to Grant Exhibition/ Display Rights of Movies to Informant’s Multiplex

On March 8, 2018, CCI dismissed information filed by Sarv Prakash Developers (‘SDP’) under Section 19 of the Competition Act against Phantom Films (‘Phantom’), Zee & Essel Group (‘Zee-Essel’) and Fox Stars India (‘Fox’) (collectively the ‘Parties’).[1] According to the information, the Parties and an ex-lessee of SDP’s multiplex had colluded with each other, as a result of which the Parties allegedly refused to grant exhibition rights of movies to SDP’s multiplex. SDP claimed that the collective ban against it was imposed at the behest of the ex-lessee and that the ex-lessee was ousted by SDP because of breach of contract.CCI on examining the merits of the information observed that cinemas/ theaters had the option of simultaneously procuring rights of exhibition of movies from multiple distributors; and therefore, it cannot be said that the alleged non-supply of movies by the Parties is creating barriers for SDP to operate in the cinematographic exhibition market. As regards the alleged collusion, CCI scrutinized the communications exchanged between the parties and concluded that no such collusion could be ascertained therefrom.[1] Case no. 65 of 2017.

TAGS

SHARE

DISCLAIMER

These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.